Common use of Loan Requests Clause in Contracts

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE") shall be in writing by the applicable Borrower, EXCEPT that such Borrower may make an oral request (each an "ORAL REQUEST") PROVIDED THAT each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION 12 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 16 contracts

Sources: Credit Agreement (Usaa Tax Exempt Fund Inc), Facility Agreement (Usaa Investment Trust), Facility Agreement (Usaa Life Investment Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICEBorrowing Notice") shall be in writing by the applicable BorrowerBorrower(s), EXCEPT except that such Borrower Borrower(s) may make an oral request (each an "ORAL REQUESTOral Request") PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMSTerms") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower Borrower(s) which is are borrowing such LoanLoan and the amount of such Loan to be borrowed by each Borrower, (iv) the Fund(s) Funds for whose benefit the Loan loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas Antonio time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(sBorrower(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION Section 12 hereof are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s)occurring.

Appears in 9 contracts

Sources: Facility Agreement (Usaa Investment Trust), Facility Agreement (Usaa Mutual Fund Inc), Facility Agreement (Usaa State Tax Free Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE") shall be in writing by the applicable Borrower, EXCEPT except that such Borrower may make an oral request (each an "ORAL REQUEST") PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, (v) whether such Loan shall bear interest based on the Federal Funds Rate or the London Interbank Offered Rate, and (vvi) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices Notices shall be delivered to CAPCO the Bank by 9:00 a.m. San Antonio, Texas 1:00 p.m. Dallas time on the day the Loan is requested to be mademade if such Loan is to bear interest based on the Federal Funds Rate or by 10:00 a.m. Dallas time on the second business day before the Loan is requested to be made if such Loan is to bear interest based on the London Interbank Offered Rate. Each Borrowing Notice shall constitute a representation to CAPCO the Bank by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION 12 hereof are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such proposed borrowing Fund(s).

Appears in 6 contracts

Sources: Facility Agreement (Usaa Mutual Fund Inc), Facility Agreement (Usaa Tax Exempt Fund Inc), Transfer Agency Agreement (Usaa Investment Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICEBorrowing Notice") shall be in writing by the applicable BorrowerBorrower(s), EXCEPT except that such Borrower Borrower(s) may make an oral request (each an "ORAL REQUESTOral Request") PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMSTerms") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower Borrower(s) which is are borrowing such LoanLoan and the amount of such Loan to be borrowed by each Borrower, (iv) the Fund(s) Funds for whose benefit the Loan loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas Antonio time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(sBorrower(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION Section 12 hereof are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s)occurring.

Appears in 4 contracts

Sources: Facility Agreement (Usaa State Tax Free Trust), Facility Agreement (Usaa Mutual Fund Inc), Facility Agreement (Usaa Investment Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE"“Borrowing Notice”) shall be in writing by the applicable Borrower, EXCEPT except that such the Borrower may make an oral request (each an "ORAL REQUEST"“Oral Request”) PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS"“Terms”) of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO CapCo by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO CapCo by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such the Borrower that all of the representations and warranties made by such the Borrower on behalf of the applicable borrowing Fund(s) of such the Borrower in SECTION Section 12 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 3 contracts

Sources: Facility Agreement (Usaa Mutual Funds Trust), Facility Agreement (Usaa Mutual Funds Trust), Facility Agreement (Usaa Mutual Funds Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE") shall be in writing by the applicable Borrower, EXCEPT except that such Borrower may make an oral request (each an "ORAL REQUEST") PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, Loan (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, (v) whether such Loan shall bear interest based on the Federal Funds Rate or the London Interbank Offered Rate, and (vvi) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas Antonio time on the day the Loan is requested to be mademade if such Loan is to bear interest based on the Federal Funds Rate or by 10:00 a.m. San Antonio time on the second business day before the Loan is requested to be made if such Loan is to bear interest based on the London Interbank Offered Rate. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION 12 hereof are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 3 contracts

Sources: Transfer Agency Agreement (Usaa Investment Trust), Facility Agreement (Usaa Tax Exempt Fund Inc), Transfer Agency Agreement (Usaa State Tax Free Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE") shall be in writing by the applicable Borrower, EXCEPT that such the Borrower may make an oral request (each an "ORAL REQUEST") PROVIDED THAT each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such the Borrower that all of the representations and warranties made by such the Borrower on behalf of the applicable borrowing Fund(s) of such the Borrower in SECTION 12 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 3 contracts

Sources: Facility Agreement (Usaa Mutual Funds Trust), Facility Agreement (Usaa Mutual Funds Trust), Facility Agreement (Usaa Mutual Funds Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE"“Borrowing Notice”) shall be in writing by the applicable Borrower, EXCEPT except that such the Borrower may make an oral request (each an "ORAL REQUEST"“Oral Request”) PROVIDED THAT to theVice President, Corporate Treasurer of USAA as listed on Exhibit D provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS"“Terms”) of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO CapCo by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO CapCo by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such the Borrower that all of the representations and warranties made by such the Borrower on behalf of the applicable borrowing Fund(s) of such the Borrower in SECTION 12 Section 13 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 1 contract

Sources: Facility Agreement (Usaa Mutual Funds Trust)

Loan Requests. (a) Subject to the provisions of this Agreement, a loan or advance under the Revolving Credit duly and timely requested by the Borrower shall be made pursuant hereto, provided that: (i) Borrowing Base will not be exceeded; and (ii) The Revolving Credit has not been suspended as provided in Section 2-4(i). (b) Requests for loans and advances under the Revolving Credit may be requested by the Borrower in such manner as may from time to time be reasonably acceptable to the Lender. (c) Subject to provisions of this Agreement, a request for a loan or advance (in each instance in an amount which is not less than $10,000.00) shall be made by 11:00AM PST on a Business Day will be made by the end of business on that Business Day; otherwise, by the end of the then next Business Day. (d) Any request for a Revolving Credit Loan or for the conversion of a Revolving Credit Loan which is made after the applicable deadline therefor, as set forth above, shall be deemed to have been made at the opening of business on the then next Business Day or Libor Business Day, as applicable. Each request for a Revolving Credit Loan (each or for the conversion of a "BORROWING NOTICE") Revolving Credit Loan shall be made in writing such manner as may from time to time be acceptable to the Lender (e) If, during the Fifteen (15) days immediately preceding the day on which a loan request is made there has been no unpaid principal balance in the Loan Account on account of loans and advances under the Revolving Credit, the loan so requested shall be made (subject to all other provisions of this Agreement) no later than the Fifth Business Day after (and not counting) the day on which the loan otherwise would have been made as provided above. (f) The Lender may rely on any request for a loan or advance, or other financial accommodation under the Revolving Credit which the Lender, in good faith, believes to have been made by a Person duly authorized to act on behalf of the Borrower and may decline to make any such requested loan or advance, or issuance, or to provide any such financial accommodation pending the Lender's being furnished with such documentation concerning that Person's authority to act as may be satisfactory to the Lender. (g) A request by the applicable BorrowerBorrower for loan or advance, EXCEPT that such Borrower may make an oral request (each an "ORAL REQUEST") PROVIDED THAT each Oral Request or other financial accommodation under the Revolving Credit shall be followed irrevocable and shall constitute certification by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed that as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall request, each of the following is true and correct: (i) There has been no material adverse change in the Borrower's financial condition from the most recent financial information furnished Lender pursuant to this Agreement. (ii) The Borrower is in compliance with, and has not breached any of, its covenants contained in this Agreement. (iii) All or a portion of any loan or advance so requested will be delivered to CAPCO by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO set aside by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such Borrower that to cover all of the representations and warranties Borrower's obligations for sales tax on account of sales since the then most recent borrowing pursuant to the Revolving Credit. (iv) Each representation which is made by such Borrower on behalf herein or in any of the applicable borrowing Fund(sLoan Documents (defined below) is then true and complete as of and as if made on the date of such Borrower in SECTION 12 are true and correct as request. (v) To its knowledge, no Suspension Event is then extant. (h) Upon the occurrence from time to time of any Suspension Event: (i) The Lender may suspend the Revolving Credit immediately. (ii) The Lender shall not be obligated, during such date and that no Event of Default suspension, to make any loans or other condition which with the passage of time or giving of noticeadvance, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s)provide any financial accommodation hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Garden Botanika Inc)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE"“Borrowing Notice”) shall be in writing by the applicable Borrower, EXCEPT except that such the Borrower may make an oral request (each an "ORAL REQUEST"“Oral Request”) PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS"“Terms”) of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such the Borrower that all of the representations and warranties made by such the Borrower on behalf of the applicable borrowing Fund(s) of such the Borrower in SECTION Section 12 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 1 contract

Sources: Facility Agreement (Usaa Mutual Funds Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICE"“Borrowing Notice”) shall be in writing by the applicable Borrower, EXCEPT except that such the Borrower may make an oral request (each an "ORAL REQUEST"“Oral Request”) PROVIDED THAT to the Senior Vice President, Corporate Treasurer of USAA as listed on Exhibit D provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMS"“Terms”) of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, and (v) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO CapCo by 9:00 a.m. San Antonio, Texas time on the day the Loan is requested to be made. Each Borrowing Notice shall constitute a representation to CAPCO CapCo by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such the Borrower that all of the representations and warranties made by such the Borrower on behalf of the applicable borrowing Fund(s) of such the Borrower in SECTION Section 12 are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 1 contract

Sources: Facility Agreement (Usaa Mutual Funds Trust)

Loan Requests. Each request for a Loan (each a "BORROWING NOTICEBorrowing Notice") shall be in writing by the applicable Borrower, EXCEPT except that such Borrower may make an oral request (each an "ORAL REQUESTOral Request") PROVIDED THAT provided that each Oral Request shall be followed by a written Borrowing Notice within one business day. Each Borrowing Notice shall specify the following terms ("TERMSTerms") of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Borrower which is borrowing such Loan, Loan (iv) the Fund(s) for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of each such Fund, (v) whether such Loan shall bear interest based on the Federal Funds Rate or the London Interbank Offered Rate, and (vvi) the requested maturity date of the Loan. Each Borrowing Notice shall also set forth the total assets of each Fund for whose benefit a portion of the Loan is being borrowed as of the close of business on the day immediately preceding the date of such Borrowing Notice. Borrowing notices shall be delivered to CAPCO by 9:00 a.m. San Antonio, Texas Antonio time on the day the Loan is requested to be mademade if such Loan is to bear interest based on the Federal Funds Rate or by 10:00 a.m. San Antonio time on the second business day before the Loan is requested to be made if such Loan is to bear interest based on the London Interbank Offered Rate. Each Borrowing Notice shall constitute a representation to CAPCO by the applicable Borrower on behalf of the proposed borrowing Fund(s) of such Borrower that all of the representations and warranties made by such Borrower on behalf of the applicable borrowing Fund(s) of such Borrower in SECTION Section 12 hereof are true and correct as of such date and that no Event of Default or other condition which with the passage of time or giving of notice, or both, would result in an Event of Default, has occurred or is occurring with respect to such borrowing Fund(s).

Appears in 1 contract

Sources: Master Revolving Credit Facility Agreement (Usaa Life Investment Trust)